Legal Opinion

Finch v. State

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 7 opinions

Ebbob to the Cii’cuit Court of Rankin County. Hon. A. G. Matees, Judge. This was an indictment for grand larceny. The defendant Finch pleaded “ not guilty,” was tried by a jury, and found guilty. The entry shows that the verdict was received and the jury discharged while the prisoner was in jail. After-wards the prisoner was brought into the court-room, and the jury, being recalled to the jury-box, then, in presence of the prisoner, reaffirmed their verdict.

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Ebbob to the Cii’cuit Court of Rankin County. Hon. A. G. Matees, Judge. This was an indictment for grand larceny. The defendant Finch pleaded “ not guilty,” was tried by a jury, and found guilty. The entry shows that the verdict was received and the jury discharged while the prisoner was in jail. After-wards the prisoner was brought into the court-room, and the jury, being recalled to the jury-box, then, in presence of the prisoner, reaffirmed their verdict. A writ of error was taken to the Supreme Court, and the error assigned is, that the Circuit Court erred in receiving the verdict in the…

1Opinion of the CourtCampbell, J.

Under the view we take of this case only one point need be noticed. The indictment is for grand larceny, the accused was arraigned and put on trial, and the cause given to the jury, which, after having retired to consider of their verdict, returned into court, and announced a verdict of guilty, as charged in the indictment; “ whereupon (the record shows) the jury were discharged, and the defendant, James Finch, being called, it was found that . . . the sheriff had, by order of the judge, placed said defendant in jail; whereupon the jury, having been discharged for a few minutes, were recalled…

2Cases cited3 opinions

  1. Nolan v. StateSupreme Court of Georgia · 1875
  2. Price v. StateMississippi Supreme Court · 1872
  3. Josephine v. StateMississippi Supreme Court · 1872

3Cited by7 opinions

  1. Barton v. StateSupreme Court of Georgia · 1881
  2. Sherrod v. StateMississippi Supreme Court · 1908
  3. Stough Et Ux. v. StateCourt of Criminal Appeals of Oklahoma · 1942
  4. Frey v. Calhoun Circuit JudgeMichigan Supreme Court · 1895
  5. The PEOPLE v. NelsonIllinois Supreme Court · 1960

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